Day on Torts

February 16, 2006

Tort Reform in Georgia

Here is the full text of a press release from AARP in Georgia:

“ATLANTA – A full year after Governor Sonny Perdue signed into law some of the nation’s most severe changes to the state’s court system – stripping average Georgia families of their Constitutional right to access the justice system – liability insurance rates for the state’s physicians continue to climb.

According to the Office of the Insurance Commissioner, five medical malpractice insurance companies filed requests to increase physicians’ premiums over the past 12 months. In fact, First Professionals Insurance moved to hike physician’s premiums just two days after Governor Perdue’s bill signing ceremony at Northside Hospital. Other companies include G.E. Medical Protective, State Volunteer Mutual Insurance Company, Medical Assurance Company of Mississippi and Medical Mutual Insurance Company of North Carolina.

February 15, 2006

Georgia Supreme Court Court Declares Medical Malpractice Venue Statute Unconstitutional

by The Law Offices of John Day, P.C.

The Georgia Supreme Court eliminated a key portion of an act passed by the Georgia Legislature in 2003 that changed the law of venue in medical malpractice cases.

The Georgia Constitution includes a provision about venue in multi-torfeasor cases; the Court found that a portion of the tort reform statute violated that provision. Read the opinion here.

February 14, 2006

Hospital and Doctor Assault on Patient Rights Starts Today

by The Law Offices of John Day, P.C.

Today the health care industry in Tennessee launches its assault on the rights of malpractice victims. More tomorrow.

February 14, 2006

Sunday Spoof onTuesday – Cheney Given Award by NAW

by The Law Offices of John Day, P.C.

The National Association of Wrongdoers (“NAW”) gave Vice President Cheney its “Sharpshooter Award” last night at its annual convention. The theme of the meeting, held at the Ritz Carlton in Bermuda, was “Invest in America.”

The Sharpshooter Award is given as appropriate to the American citizen who best demonstrates the characteristics of Aaron Burr.

Charles Winthrop Hamilton VI, President of NAW and CEO,COO,CFO and President of American International Metals, Inc., LLC (“AIM”) commented that the Vice President had achieved great success in American politics and was viewed as a “hawk” by the world despite the fact that he refused to serve in the military himself. “This is a real stroke of genuis,” Mr. Hamilton remarked. “If the Vice President had brought these skills to Madison Avenue rather than Pennsylvania Avenue we would all be drinking New Coke. A man who can successfully attack the patriotism of John Kerry and Max Cleland while bearing more student deferments than Abby Hoffman has got a real gift.”

February 13, 2006

Cheap Shot

by The Law Offices of John Day, P.C.

The manufacturers and others supporting a federal asbestos bill want it bad – so bad that they think it is appropriate to engage in conduct like this.

The sponsors of this site obviously do not let truth get in the way of their position. For example, they make this point in talking about opponents to the federal legislation: “Patrick Leahy (Vermont) $704,854 received from lawyers and lobbyists in the last election cycle. The lawyers and lobbyists were his largest contributors.”

Senator Leahy supports the legislation.

February 13, 2006

Back from Phoenix

by The Law Offices of John Day, P.C.

Joy and I got back from Phoenix last night after spending a long weekend there at a meeting of the Board of Directors of the National Board of Trial Advocacy, the parent of which is now known as the National Board of Legal Specialty Certification.

After the meetings ended Saturday afternoon we drove to Sedona with Steve Croley and Bridget McCormack to watch the sunset. Steve is the Associate Dean for Academic Affairs and Bridget is the Associate Dean for Clinical Affairs at the University of Michigan Law School. (Bridget also serves on the NBLSC Board.) They are great people, and we had a great time both in Sedona and at the Spirit Room in Jerome.

Steve is writing (another) book but I am not sure if I can mention the exact topic or not so I won’t. I will say that Steve is just the right person to write a book on this topic and I look forward to its publication.

February 13, 2006

Tort Reform in Missouri

by The Law Offices of John Day, P.C.

Read this article to learn how tort reform has affected medical malpractice claims in Missouri.

February 13, 2006

Off Topic – Guns Don’t Hurt People; People Hurt People

by The Law Offices of John Day, P.C.

The Vice President accidently shot another man – a lawyer – during a hunting trip this weekend. Read about the hunting trip here.

The owner of the ranch has placed comparative fault in play: the injured man “”came up from behind the vice president and the other hunter and didn’t signal them or indicate to them or announce himself.”

Mary Matalin’s take on it: “[The Vice President] felt badly, obviously. On the other hand, he was not careless or incautious or violate any of the [rules]. He didn’t do anything he wasn’t supposed to do.”

February 13, 2006

You Saw It Here First

by The Law Offices of John Day, P.C.

The AP just issued a story at 9:30 P.M. today that is titled “Cheney Apparently Breaks Key Hunting Rule.”

A quote from the article: “It’s incumbent upon the shooter to assess the situation and make sure it’s a safe shot,” said Mark Birkhauser, president-elect of the International Hunter Education Association and hunter education coordinator in New Mexico. “Once you squeeze that trigger, you can’t bring that shot back.”

Of course, you saw that analysis here before 7:00 A.M. this morning.

February 12, 2006

Funding for Plaintiff’s Lawyers

by The Law Offices of John Day, P.C.

One of the significant problems with running a plaintiff’s practice is managing cash flow. Any fees earned are usually contingent fees, and cases are not always resolved in such a way and a such a time to meet professional and personal financial obligations.

There are at least four different ways to address this issue. First, you can visit your friendly banker and arrange a line of credit that you dip into went you need to meet payroll, significant expert expenses, etc. This is probably the most common way of handling the situation.

Second, you can do business with a company that provides funding for plaintiff’s lawyers. Here is an article describing what these companies do and what they charge. There are several different models out there and the interest rates for each of them are much higher than you would expect to pay a bank.